May 19, 2000 Volume 6 -- Number 075 What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink. This Issue (IN THIS ORDER):   00 New Opinion(s) from the Tennessee Supreme Court 00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 02 New Opinion(s) from the Tennessee Court of Appeals 03 New Opinion(s) from the Tennessee Court of Criminal Appeals 00 New Opinion(s) from the Tennessee Attorney General (PDF format) 00 New Judicial Ethics Opinion(s) 00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink WILLIAM ALLEN v. WILLIAM ROBERTS, JR. Court:TCA Attorneys: William Allen, Nashville, Tennessee, pro se. David E. Danner, Nashville, Tennessee, for the appellee, William Roberts, Jr. Judge: CAIN First Paragraph: This is a civil rights action by a convicted murderer against his appointed counsel in a post- conviction relief proceeding. Upon our review of the record in this case we find that the issues raised, if any, were raised at the plaintiff's post-conviction hearing and that the only colorable claim under the Civil Rights Act is barred by the appropriate statute of limitation. http://www.tba.org/tba_files/TCA/AllenWm.wpd EDNA BIRCHETT v. THE NASHVILLE COMPANY, INC. Court:TCA Attorneys: Donald D. Zuccarello of Nashville,Tennessee, for the Appellant M. Clark Spoden of Nashville, Tennessee, for the Appellee Judge: GODDARD First Paragraph: By this suit the Plaintiff seeks to recover damages for retaliatory discharge because she alleges that her employer terminated her because she filed a workers' compensation suit. The Trial Court granted a summary judgment in favor of the employer and the employee appeals. We concur in the action of the Trial Court and affirm. http://www.tba.org/tba_files/TCA/birchettedn.wpd STATE OF TENNESSEE v. DON ALLEN COLEMAN Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Don Allen Coleman. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Petitioner, Don Allen Coleman, appeals the denial of his petition for post-conviction relief. Petitioner pled guilty to two counts of rape of a child. Pursuant to a plea agreement, the trial court ordered him to serve two concurrent seventeen-year sentences. Petitioner now alleges ineffective assistance of counsel and claims his plea was not voluntarily and knowingly entered. Upon a complete review of the record, we conclude that counsel was effective and the plea was voluntary. Thus, we affirm the dismissal of the petition. http://www.tba.org/tba_files/TCCA/colemanDA.wpd STATE OF TENNESSEE v. ROBIN K. DODSON Court:TCCA Attorneys: B. Jeffery Harmon, Jasper Tennessee, for the appellant, Robin K. Dodson. Paul G. Summers, Attorney General and Reporter, Elizabeth B. Marney, Assistant Attorney General, Nashville, Tennessee; J. Michael Taylor, District Attorney General and Sherry Gouger, Assistant District Attorney, Jasper, Tennessee for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Rhea County jury convicted the appellant, Robin K. Dodson, of one (1) count of possession with the intent to sell marijuana and one (1) count of public intoxication. The trial court sentenced the appellant to concurrent terms of two (2) years for felonious possession of marijuana and thirty (30) days for public intoxication, suspended upon service of fifteen (15) days in the county jail. On appeal, the appellant contends that the trial court erred in excluding certain testimony as hearsay. After a review of the record, we conclude that statements made by a passenger in the appellant's vehicle were offered not for the truth of the statements themselves, but rather to explain why the appellant made inconsistent statements regarding his ownership of the marijuana found in his vehicle. As a result the statements are not hearsay and thus the trial court erred in excluding them. Because we cannot conclude that this error was harmless, under the circumstances, we must reverse the appellant's conviction for possession with the intent to sell marijuana and remand for a new trial. http://www.tba.org/tba_files/TCCA/dodsonrobin.wpd STATE OF TENNESSEE v. LARRY ALLEN HICKS WITH DISSENTING OPINION Court:TCCA Attorneys: Jerry H. Summers, Chattanooga, Tennessee, for the appellee, Larry Allen Hicks. Paul G. Summers, Attorney General and Reporter, Erik W. Daab, Assistant Attorney General, Bill Cox, District Attorney General, Dean C. Ferraro, Assistant District Attorney General, for the appellant, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Larry Allen Hicks, was indicted by a Hamilton County Grand Jury for unlawful and knowing possession of marijuana, a controlled substance, with intent to sell or deliver, in violation of Tennessee Code Annotated S 39-17-417. He subsequently moved to suppress the evidence obtained against him at a roadblock. After a hearing, the trial court granted the motion to suppress, and the case was dismissed. Pursuant to Rule 3(c) of the Tennessee Rules of Appellate Procedure, the State now appeals as of right, arguing that the trial court improperly suppressed the evidence obtained against the Defendant at the roadblock. In reply, the Defendant argues (1) that the roadblock, which was established to check drivers' licenses, was unconstitutional per se; (2) that even if it was not unconstitutional per se, it was nonetheless unconstitutional as implemented; and (3) that even if it was not unconstitutional, it was unlawful. Because we find that the trial court erred in granting the Defendant's motion to suppress, we reverse the decision of the trial court and remand for further proceedings. http://www.tba.org/tba_files/TCCA/hicksla_opn.wpd DISSENTING OPINION: http://www.tba.org/tba_files/TCCA/Hicksla_dis.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? 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